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strategery blunder

(4,225 posts)
12. Because Florida's laws on self-defense are incredibly permissive
Sat Jul 13, 2013, 10:14 PM
Jul 2013

In the state I live in (to use an example), if claiming self-defense the defense must justify the claim by a preponderance of the evidence (however in the event of an acquittal by reason of self-defense the state must reimburse reasonable defense costs).

The state of Florida merely requires the defense be raised, and then the prosecution must prove it is NOT self-defense beyond a reasonable doubt. The defense need not prove anything (despite self-defense being an affirmative defense in most places) and has no burden other than to plead self-defense in the first place.

I was hoping for a manslaughter conviction, but the jury must work with the law it has and in the case of Florida the jury had to work with shite law.

Now I would like to see the Sanford Police Department held accountable for obstruction of justice (botching the initial investigation because of the good-ole-boy network) but I'm not holding my breath. The initial refusals to pursue the case hobbled the prosecution from the beginning, thereby leaving holes in the case--and remember that the case was only prosecuted after huge national outcry.

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